A compatibilidade do artigo 20 da lei 11.340/06 (Maria da Penha) com a alteração feita pela lei 13.964/19 (Pacote Anticrime) no artigo 311 do código de processo penal acerca da prisão preventiva de ofício

Abstract

The present work aims to analyze the conflict of criminal procedural norms between Art. 20 of LAW No. 11.340/06 (Maria da Penha) with the changes made in art. 311 of the Code of Criminal Procedure by Law 13.964/19 (Anti-Crime Package) on decree of preventive prison by the judge. As for the method, it is an exploratory research with a qualitative approach; as for the data collection procedure, it is of a bibliographic nature. As for the result, it is noted that over the years, the Criminal Procedure Code has undergone several changes that reinforce the accusatory system, adopted by the Federal Constitution of 1988, reducing in several ways the performance of the magistrate to act of trade, to avoid a partial judge. It was found that there is a divergence ofdecisions and among scholars about the possibility of decreeing the preventive detention of trade provided for in Law n. 11,340. It is concluded that, although there are doctrinal decisions and understandings that defend preventive detention decreed ex officio by the magistrate provided for in Law n. 11,340 of 2006, such a measure is not compatible with the Brazilian criminal procedural system, the accusatory system, which preys on the impartiality of the judge.